HomeMy WebLinkAbout10 128 Assume Ownership of Armow Methodist Cemetery By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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• � 0 31LITY OF KIN
BY -LAW
NO. 2010 — 128
BEING A BY -LAW TO AUTHORIZE AN APPLICATION TO A JUDGE OF THE
ONTARIO SUPERIOR COURT OF JUSTICE FOR AN ORDER DECLARING
THE ARMOW METHODIST CEMETERY TO BE ABANDONED
WHEREAS the Cemeteries Act (Revised) R.S.O. 1990, Chapter C.4 s60
authorizes a Municipality to apply to a Judge of the Ontario Superior Court of
• Justice for an application to declare a cemetery abandoned;
AND WHEREAS a cemetery is located within the Municipality at Part Lot 16,
Concession 6, in the former Township of Kincardine known as the Armow
Methodist Cemetery;
AND WHEREAS there is no longer a church congregation associated with the
cemetery and the cemetery is no longer used for burials;
AND WHEREAS ownership of the cemetery is registered to the "Trustees for
Methodist Episcopal Church" by deed KN291 registered on July 11, 1860;
AND WHEREAS there are no existing successor Trustees remaining;
AND WHEREAS the legal owners of the cemetery cannot be found;
AND WHEREAS the Municipality of Kincardine has been maintaining the
cemetery for many years from the general funds of the Municipality;
• AND WHEREAS out of respect for those who originally settled and established
the Municipality, it is desirous that the Municipality of Kincardine assume the
legal ownership and the obligation to maintain the cemetery;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipal Solicitor is hereby authorized to commence an application
on behalf of the Municipality of Kincardine pursuant to the Cemeteries Act for
a declaration that the cemetery located at Part Lot 16, Concession 6 in the
former Township of Kincardine, County of Bruce is abandoned.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
give such assistance as may be required to complete the application including
signing any affidavits required to support the application.
3. That upon receiving the order of the Ontario Superior Court of Justice
declaring the said cemetery to be abandoned, the Municipality of Kincardine
• assumes responsibility for the maintenance of the said cemetery.
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Assume Ownership of Armow Methodist Cemetery By -Iaw
By -law No. 2010 - 128
4. This By -Iaw may be cited as the "Assume Ownership of Armow Methodist
• Cemetery By-law".
READ a FIRST and SECOND TIME this 6t" day of October, 2010. Da linar-Qouse.
4 ?('
Mayor Clerk
READ a THIRD TIME and FINALLY PASSED this 6 day of October, 2010.
b
ayor Clerk
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